Tuesday, July 29th, 2008

Arbitration: Fighting on the Job, Burden of Proof, Past Practice

Arbitrator Robert Landau has denied the grievance of an Alaskan utility worker who lost his job for fighting with his supervisor.  The employee alleged that his attack was provoked, and excused, by his supervisor’s pattern of harassment.  Landau did grant the employee’s related grievance concerning a seniority award.  In the course of the opinion, Landau resolved a […]

Tuesday, July 29th, 2008

Stevens Indictment

Here’s the lengthy, detailed indictment, courtesy of Josh Marshall’s Talking Points Memo.  And here’s the Anchorage Daily News’ article on the same, with a link to Sen. Stevens’ statement.

Tuesday, July 29th, 2008

9th Cir: Commonality Element in Rule 23

A 9th Circuit panel has reversed a District Court denial of class certification.  The panel found that the lower court should have found Rule 23(a)(2) commonality among Hispanic employees alleging national origin pay discrimination at three different groups of commonly-owned stores. 
Parra v. Bashas’, Inc., 2008 WL _______ (9th Cir. July 29, 2008)

Tuesday, July 29th, 2008

9th Cir: Section 1988 Attorney Fees

Paul Mollica at Daily Developments in EEO Law has a good discussion of the 9th Circuit’s recent opinion in Moreno v. City of Sacramento, 2008 WL _______ (9th Cir. July 28, 2008), in which plaintiffs’ attorneys will find a heart-warming discussion by Chief Judge Kozinski of attorney fee awards.